Public Hearing - Group Living Facilities

CITY OF LITCHFIELD PARK
NOTICE OF PUBLIC HEARING

Pursuant to A.R.S. Section 9-462.04(A)(1), Notice is hereby given that the Litchfield Park Planning and Zoning Advisory Commission and the Litchfield Park City Council will hold public hearings at the dates and times set forth below to consider adoption of an ordinance to amend the City of Litchfield Park Zoning Code.

THE PLANNING AND ZONING ADVISORY COMMISSION PUBLIC
HEARING WILL BE HELD ON TUESDAY, APRIL 10, 2018, AT 7:00 P.M.

THE LITCHFIELD PARK CITY COUNCIL PUBLIC HEARING
WILL BE HELD ON WEDNESDAY, APRIL 18, 2018 AT 7:00 P.M.

 BOTH MEETINGS WILL BE HELD AT:
THE COMMUNITY ROOM AT 
THE LITCHFIELD PARK BRANCH LIBRARY 
101 W. WIGWAM BOULEVARD
LITCHFIELD PARK, AZ 85340

The City proposes to amend the Zoning Code of Litchfield Park.  The amendments are generally described as follows:

Amend Section 2 Definitions, Subsection 2.04 Definitions, to amend the definition for Family, delete the definition for Handicapped, and add new definitions for Group Living Facility, Family Group Home, Person with a Disability, and Structured Sober Living Home.

Amend Section 28 Zoning Matrix/District Requirements Summary to delete Group Homes for the Handicapped; add Family Group Home as a permitted use subject to Section 31.17  and add Structured Sober Living Home as a permitted use with a Use Permit and in compliance with Zoning Code Section 31.17 and City Code Article 8-5 Structured Sober Living Homes in Residential Estate (RE), Low Density Residential(R1), Low Medium Density Residential (R1-15), Medium Density Residential (R1-8), High Medium Density Residential (R1-6), High Density Residential (RC), Low Density Multifamily (MFL), Medium Density Multifamily (MFM), High Density Multifamily (MFH), and Patio Home Residential (PH) zoning districts and in Commercial-Flex zoning districts when developed as residential (CF); and  add that, in Planned Development (PD) zoning districts, the requirements of the underlying Zoning District will apply.

Amend Section 29 Parking and Loading Regulations, Section 29.05 Location of Required Parking Spaces and Parking Areas, Subsection a. Residential Uses to require that parking spaces required by Section 29.13 shall not be in the rear yard except in an enclosed garage; amend Section 29.13 Parking Matrix to amend parking requirements for Specialized Care and Group Home Facilities and add requirements for Structured Sober Living Homes.

Delete Section 31 General Regulations Subsection 31.17 Group Homes for the Handicapped in its entirety.

Add new Subsection 31.17 Group Living Facilities with additional subsections to:

  • Provide the purpose for the new section;
  • Add general regulations for Group Living Facilities including: setting forth that a Group Home for the Developmentally Disabled, with a maximum of six residents, is allowed in  a residential area as mandated by State Statutes; requiring that Group Living Facilities be separated by a minimum distance of 1,200 feet, while allowing that a smaller or greater separation may be required based on traffic generated and/or if the existing and proposed facilities are separated by a significant intervening physical feature; adding regulations related to garbage and trash collection; requiring that the exterior appearance of the facilities be consistent with the residential character of the neighborhood appearance; requiring that no group home shall house any person whose tenancy would constitute a direct threat to others or would result in substantial physical damage to others; requiring that Group Living Facilities comply with all City Codes, Ordinances, and Regulations; providing that a Group Living Facility owner may request for an individualized  reasonable accommodation from the requirements under certain circumstances; and providing that, if  Federal or State laws are amended so as not to require the use in a residential zoning district, any use established pursuant to this section shall cease. 
  • Add regulations for Family Group Homes, including:  setting forth that the occupancy of such homes are limited to a maximum of eight residents per home; requiring that an application form be submitted to the City at least 50 days prior to beginning operations; that the applicant provide a current license, certification or registration required by any State or Federal Agency; that the applicant provide to the City any requested exceptions from compliance, requiring that written notice of any changes in information for both the operators and owners of the facility , the total number of residents, the number of non-ambulatory residents, and any notice of suspension or revocation of the permittee’s state license be provided to the City within 15 days of such change; providing the process by which the City shall act on a complete application; providing that the Family Group home shall become operational upon approval of the application and that that the approval ceases once the Family Group Home use ceases; and providing that the approval of a Family Group Home use may be revoked or suspended upon failure to comply with the conditions set forth; providing a process for revocation of approval, including a hearing; and setting forth the process by which any aggrieved person may appeal the Zoning Administrator’s decision of revocation. 
  • Add regulations for Structured Living Homes requiring that a use permit be obtained and the use permit be issued only if the proposed Structured Sober Living Home meets a number of conditions regarding maximum number of residents, bathroom requirements, normalization and community integration of the residents for this and any other Group Living Facility, operation in a manner required by State Licensing, maintaining the residential character of the surrounding neighborhood, and establishing protocols regarding access to meals; requiring that a City business license be obtained prior to commencement of operation; and  setting forth that the Use Permit may be revoked or suspended upon failure to comply with the conditions for Structured Living Facilities and the process for revocation. 
  • Provide that a Group Living Facility owner may request a reasonable accommodation from the requirements under certain circumstances, and setting forth the process that shall be followed for the submittal and review of the request, and the criteria that shall be considered in approving or not approving the request.

A copy of the proposed amendment is available at the City of Litchfield Park City Hall, 214 West Wigwam Blvd, Litchfield Park, Arizona 85340 and available for review during normal office hours:  Monday through Friday, 8 a.m. to 5 p.m. 

Dated this 16th day of March 2018.

Pamela J. Maslowski
Director of Planning Services

PUBLISHED in the:
Southwest Valley Arizona Republic on March 24, 2018

Proposed Amendment (PDF)